NY State Senate Bill 2009-S5752

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 24, 2010	print number 5752d
Jun 24, 2010	amend and recommit to transportation
Mar 05, 2010	print number 5752c
Mar 05, 2010	amend and recommit to transportation
Jan 06, 2010	referred to transportation
Jun 18, 2009	print number 5752b
Jun 18, 2009	amend and recommit to transportation
Jun 05, 2009	print number 5752a
Jun 05, 2009	amend (t) and recommit to transportation
Jun 03, 2009	referred to transportation

2009-S5752 - Details

Current Committee:: Senate Transportation
Law Section:: Navigation Law
Laws Affected:: Amd §§49, 75, 78, 79 & 71-d, rpld §49 sub 3 ¶¶a - c, Nav L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6633
2013-2014: S1639

2009-S5752 - Summary

Requires boating safety certificates of all persons operating a mechanically propelled vessel; provides exception in the case of new owners and certain renters; provides for a phase in period and penalties for violations.

2009-S5752 - Sponsor Memo

                                 BILL NUMBER:  S5752

 TITLE OF BILL :
An act to amend the navigation law, in relation to requiring all
persons operating a mechanically propelled vessel to be a holder of a
boating safety certificate


 PURPOSE OR GENERAL IDEA OF BILL :
To mandate boating safety certification requirements for the operation
of vessels mechanically operated on navigable waters in New York State

 SUMMARY OF SPECIFIC PROVISIONS :
Subdivisions 1, 3, and 7 of Section 49 of the Navigation Law,
subdivisions 1 and 3 as amended by Chapter 805 of the Laws of 1992,
and subdivision 7 as amended by Chapter 138 of the Laws of 1998, are
amended to read as follows:
* No person shall operate a mechanically propelled vessel on the
navigable waters of the State or any tidewaters bordering on or lying
within the boundaries of Nassau and Suffolk counties unless such
person holds a Boating Safety Certificate issued to him or her by the
commissioner, United States Power Squadrons or the United States Coast
Guard Auxiliary.
* No owner of a mechanically propelled vessel shall knowingly
authorize or permit the operation of his or her vessel in the
navigable waters of the State or any tidewaters bordering on or lying

within the boundaries of Nassau and Suffolk counties unless the
operator possesses a Boating Safety Certificate issued by the
appropriate commissioner, United States Power Squadron, or Coast Guard
Auxiliary.

 JUSTIFICATION :
New York State has close to 500,000 registered boating vessels, not
including the non-mechanically propelled boats, which do not require
registration. The number of boats continues to grow, particularly
personal water craft jet skies; increasing the potential for boating
accidents. In addition, the lack of a boating safety requirement for
all vessel operators enables many to boat without adequate accident
prevention education. According to the U.S. Coast Guard, about 70% of
all notional reported fatalities occurred on boats where the operator
had not received boating safety instruction.

Several states, including New Jersey, Connecticut, Alabama, District
of Columbia, New Hampshire, Oregon, Virginia, West Virginia, and
Wisconsin already require that the operator of the boat possess a
certificate showing that he or she has passed an approved boating
safety course. The National Association of State Boating law
Administrators, and the United States Coast Guard have issued
recommendations that all states implement mandatory safety boating
education.

The New York State Legislature and Governor have recognized the
dangers posed by the lack of boater safety education. Since the
1960's' youths between the ages of 10 and 18 who operate a motor boat.
without an adult must possess a Boating Safety Certificate.  Since
2004, all operators of personal water crafts must complete a boating
safety course that has the same content as the one provided to the
youths. This mandatory boating safety requirement legislation would
cover all vessel operators through a three year phase in. By 2014, all
vessel operators would need to possess a Boating Safety Certificate,
resulting in sager waterways for all New York State.

 PRIOR LEGISLATIVE HISTORY :

Similar to A.11284 and S.8073 of 2007-2008

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately with certain provisions.

2009-S5752 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5752

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 3, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the navigation law, in relation to requiring all persons
  operating a mechanically propelled vessel to be a holder of a  boating
  safety certificate

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 1, 3 and 7 of section  49  of  the  navigation
law, subdivisions 1 and 3 as amended by chapter 805 of the laws of 1992,
and  subdivision  7  as  amended by chapter 138 of the laws of 1998, are
amended to read as follows:
  1. (A) No person [under the age of eighteen  years]  shall  operate  a
mechanically  propelled  vessel  on the navigable waters of the state or
any tidewaters bordering on or lying within the boundaries of Nassau and
Suffolk counties, unless[:
  a.  the operator is accompanied therein by a person  who  is  eighteen
years of age or older, or,
  b.   the operator is ten years of age or older and] SUCH PERSON is the
holder of a boating safety certificate issued  to  him  OR  HER  by  the
commissioner,  the  United  States  Power Squadrons or the United States
coast guard auxiliary.
  (B) THE PROVISIONS OF THIS SUBDIVISION SHALL  NOT  APPLY  TO  PERSONS:
CERTIFIED  BY THE COMMISSIONER AS BOATING SAFETY INSTRUCTORS; HOLDERS OF
PUBLIC VESSEL LICENSES PURSUANT TO SECTION SIXTY-FOUR OF  THIS  ARTICLE;
POLICE  OFFICERS  ACTING  PURSUANT  TO  ASSIGNED  DUTIES; PEACE OFFICERS
ACTING PURSUANT  TO  ASSIGNED  DUTIES;  LIFEGUARDS  ACTING  PURSUANT  TO
ASSIGNED  DUTIES;  FIRE AND RESCUE PERSONNEL ACTING PURSUANT TO ASSIGNED
DUTIES; AND PERSONS LICENSED TO OPERATE VESSELS  BY  THE  UNITED  STATES
COAST  GUARD  OR  THE CANADIAN COAST GUARD. THE COMMISSIONER BY RULE AND
REGULATION MAY PROVIDE FOR THE EXEMPTION OF ADDITIONAL PERSONS NOT LIST-
ED IN THIS PARAGRAPH FROM THE REQUIREMENTS OF THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01703-06-9

S. 5752                             2

  3. No person who is the owner of a mechanically propelled vessel shall
knowingly authorize or permit the operation  thereof  on  the  navigable
waters  of  the state or any tidewaters bordering on or lying within the
boundaries of Nassau and Suffolk counties, unless[:
  a. the operator is eighteen years of age or older or,
  b.  the  operator is accompanied therein by a person eighteen years of
age or older or,
  c. the operator is ten years of age or older and] THE OPERATOR is  the
holder  of  a  boating  safety  certificate  issued to him OR HER by the
commissioner, the United States Power Squadrons  or  the  United  States
Coast Guard Auxiliary.
  7.  A  violation  of subdivision one, one-a, two, THREE or six of this
section shall constitute a violation punishable as set forth in  section
seventy-three-c of this article.
  S  2.  Section  78 of the navigation law, as amended by chapter 138 of
the laws of 1998, is amended to read as follows:
  S 78. Boating safety certificate.   1.  "Boating  safety  certificate"
shall  mean a certificate issued by the commissioner evidencing that the
holder thereof has successfully completed a  course  of  instruction  in
boating safety as herein after provided. The commissioner shall put into
effect  a plan for the training of youthful boat operators and the issu-
ance of such boating safety certificates.   For  the  purposes  of  this
section, the term "boating safety" shall include instruction in the safe
operation  of ANY MECHANICALLY PROPELLED VESSEL, personal watercraft and
specialty prop-craft.
  2. "Boating safety certificate" shall also mean a  certificate  issued
by  the commissioner evidencing that the holder thereof has successfully
completed a course of instruction in  the  safe  operation  of  vessels,
including  THE  SAFE  OPERATION  OF personal watercraft and [speciality]
SPECIALTY prop-craft. The commissioner is authorized to  collect  a  fee
not to exceed ten dollars for the issuance of such certificate which fee
shall  be  deposited  in  the  "I love NY waterways" boating safety fund
established by section ninety-seven-nn of  the  state  finance  law,  as
added  by  chapter  eight  hundred  five of the laws of nineteen hundred
ninety-two, and shall be solely available to support the  administration
of  MECHANICALLY  PROPELLED  VESSEL,  personal  watercraft and specialty
prop-craft safety training and enforcement.
  S 3. This act shall take effect immediately; provided that section one
of this act shall take effect January 1, 2011 and  shall  apply  to  all
operators born on or after January 1, 2011 and shall apply to all opera-
tors  born  on  or  after January 1, 1992; provided further on and after
January 1, 2012 and before January 1, 2013 such section shall  apply  to
all  operators  born on or after January 1, 1980; provided, further that
on and after January 1, 2013 and before January  1,  2014  such  section
shall  apply  to  all  operators  born  on  and  after  January 1, 1970;
provided, further, that on and after January 1, 2014 such section  shall
apply  to  all  operators.  Upon  a finding that courses do not exist in
sufficient numbers to enable the operators of any mechanically propelled
vessel to earn boating  safety  certificates  in  a  timely  fashion  as
required  by  subdivision  1  of  section  49  of the navigation law, as
amended by section one of this act, the commissioner  of  parks,  recre-
ation  and  historic preservation is authorized by rule or regulation to
modify the dates provided in this section.

2009-S5752A - Details

Current Committee:: Senate Transportation
Law Section:: Navigation Law
Laws Affected:: Amd §§49, 75, 78, 79 & 71-d, rpld §49 sub 3 ¶¶a - c, Nav L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6633
2013-2014: S1639

2009-S5752A - Summary

Requires boating safety certificates of all persons operating a mechanically propelled vessel; provides exception in the case of new owners and certain renters; provides for a phase in period and penalties for violations.

2009-S5752A - Sponsor Memo

2009-S5752A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5752--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 3, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the navigation law, in relation to requiring all persons
  operating a mechanically propelled vessel to be a holder of a  boating
  safety  certificate;  and  to  repeal  certain  provisions of such law
  relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1  of  section  49 of the navigation law, as
amended by chapter 805 of the laws  of  1992,  is  amended  to  read  as
follows:
  1.  No person [under the age of eighteen years] BORN ON OR AFTER JANU-
ARY FIRST, NINETEEN HUNDRED  NINETY-TWO  shall  operate  a  mechanically
propelled  vessel on the navigable waters of the state or any tidewaters
bordering on or lying within the boundaries of Nassau and Suffolk  coun-
ties, unless:
  a.  [the  operator  is accompanied therein by a person who is eighteen
years of age or older, or,
  b. the operator is ten years of age or older and is the  holder  of  a
boating safety certificate issued to him by the commissioner, the United
States  Power Squadrons or the United States coast guard auxiliary.] THE
OPERATOR IS AT LEAST TEN YEARS OLD AND IS THE HOLDER OF A BOATING SAFETY
CERTIFICATE AS THAT TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SEVEN-
TY-EIGHT OF PART FIVE OF THIS ARTICLE; OR
  B. THE OPERATOR IS YOUNGER THAN EIGHTEEN YEARS OF AGE, AND IS ACCOMPA-
NIED ON THE MECHANICALLY PROPELLED VESSEL BY AT LEAST ONE PERSON WHO  IS
AT LEAST EIGHTEEN YEARS OF AGE AND IS
  (I) THE HOLDER OF A BOATING SAFETY CERTIFICATE, OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01703-08-9

S. 5752--A                          2

  (II) NOT REQUIRED BY THIS SUBDIVISION TO HOLD A BOATING SAFETY CERTIF-
ICATE IN ORDER TO OPERATE A MECHANICALLY PROPELLED VESSEL; OR
  C.  THE  OPERATOR  IS  EIGHTEEN  YEARS  OF  AGE  OR OLDER, IS A PERSON
REQUIRED BY THIS SUBDIVISION TO HOLD A  BOATING  SAFETY  CERTIFICATE  IN
ORDER  TO OPERATE A MECHANICALLY PROPELLED VESSEL, AND IS ACCOMPANIED ON
THE MECHANICALLY PROPELLED VESSEL BY AT LEAST ONE PERSON WHO IS AT LEAST
EIGHTEEN YEARS OF AGE AND THE HOLDER OF A BOATING SAFETY CERTIFICATE.
  THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PERSONS WHO ARE:
CERTIFIED BY THE COMMISSIONER AS BOATING SAFETY INSTRUCTORS; MEMBERS  OF
THE  UNITED  STATES  POWER SQUADRONS; MEMBERS OF THE UNITED STATES COAST
GUARD AUXILIARY; HOLDERS OF PUBLIC VESSEL LICENSES PURSUANT  TO  SECTION
SIXTY-FOUR OF PART TWO OF THIS ARTICLE; POLICE OFFICERS, PEACE OFFICERS,
FIRE  PERSONNEL, RESCUE PERSONNEL OR LIFEGUARDS, WHEN ANY SUCH PERSON IS
ACTING PURSUANT TO ASSIGNED DUTIES; OR LICENSED TO  OPERATE  VESSELS  BY
THE  UNITED  STATES COAST GUARD OR THE CANADIAN COAST GUARD. THE COMMIS-
SIONER, BY RULE OR REGULATION, MAY PROVIDE FOR THE  EXEMPTION  OF  ADDI-
TIONAL  PERSONS  NOT  LISTED  IN THIS PARAGRAPH FROM THE REQUIREMENTS OF
THIS SECTION.
  S 2.  Paragraphs a, b, and c of subdivision 3 of  section  49  of  the
navigation  law  are  REPEALED and four new paragraphs a, b, c and d are
added to read as follows:
  A. THE OPERATOR IS BORN ON OR BEFORE DECEMBER  THIRTY-FIRST,  NINETEEN
HUNDRED NINETY-ONE; OR,
  B.  THE  OPERATOR  IS BORN ON OR AFTER JANUARY FIRST, NINETEEN HUNDRED
NINETY-TWO, IS AT LEAST TEN YEARS OF AGE AND IS THE HOLDER OF A  BOATING
SAFETY CERTIFICATE AS THAT TERM IS DEFINED IN SUBDIVISION ONE OF SECTION
SEVENTY-EIGHT OF PART FIVE OF THIS ARTICLE; OR
  C. THE OPERATOR IS YOUNGER THAN EIGHTEEN YEARS OF AGE, AND IS ACCOMPA-
NIED  ON  THE MECHANICALLY PROPELLED VESSEL BY AT LEAST ONE PERSON EIGH-
TEEN YEARS OF AGE OR OLDER AND IS:
  (I) THE HOLDER OF A BOATING SAFETY CERTIFICATE, OR
  (II) NOT REQUIRED BY SUBDIVISION ONE OF THIS SECTION TO HOLD A BOATING
SAFETY CERTIFICATE IN ORDER TO OPERATE A MECHANICALLY PROPELLED  VESSEL;
OR
  D.  THE  OPERATOR  IS  EIGHTEEN  YEARS  OF  AGE  OR OLDER, IS A PERSON
REQUIRED BY SUBDIVISION ONE OF THIS SECTION TO  HOLD  A  BOATING  SAFETY
CERTIFICATE  IN ORDER TO OPERATE A MECHANICALLY PROPELLED VESSEL, AND IS
ACCOMPANIED BY A PERSON WHO IS AT LEAST EIGHTEEN YEARS OF AGE AND IS THE
HOLDER OF A BOATING SAFETY CERTIFICATE.
  S 3. Paragraphs a and b of subdivision 1-a of section 49 of the  navi-
gation  law,  as amended by chapter 248 of the laws of 2005, are amended
to read as follows:
  a. No person shall operate a personal watercraft  or  specialty  prop-
craft upon the navigable waters of the state or any tidewaters bordering
on  or lying within the boundaries of Nassau and Suffolk counties unless
the operator is fourteen years of age or older and the holder of[, or is
accompanied by a person over eighteen years of age who is the holder of]
a boating safety certificate issued  by  the  commissioner,  the  United
States  power  squadrons,  the  United  States coast guard auxiliary, or
other state or government, as a result of completing a  course  approved
by the commissioner.
  b.  No  person  who is the owner of a personal watercraft or specialty
prop-craft shall knowingly authorize or permit the operation thereof  on
the  navigable  waters  of  the  state or any tidewaters bordering on or
lying within the boundaries of Nassau or  Suffolk  counties  unless  the
operator  is  fourteen  years  of age or older and the holder of[, or is

S. 5752--A                          3

accompanied by a person over eighteen years of age who is the holder of]
a boating safety certificate issued  by  the  commissioner,  the  United
States  power  squadrons,  United States coast guard auxiliary, or other
state  or government, as a result of completing a course approved by the
commissioner.
  S 4. Section 75 of the navigation law, as amended by  chapter  138  of
the laws of 1998, is amended to read as follows:
  S 75. Educational  program. In order to protect the public interest in
the prudent and equitable use of the waters of the state and enhance the
enjoyment of pleasure boating and other sports thereon, the commissioner
shall initiate and put into effect a comprehensive  educational  program
designed  to  advance boating safety [including], WHICH PROVIDES FOR the
training of [youthful]  ALL  boat  operators  [and  an  adult  education
program  for] IN the safe operation of vessels including personal water-
craft and specialty prop-craft.
  S 5. Subdivision 1 of section 78 of the navigation law, as amended  by
chapter 138 of the laws of 1998, is amended to read as follows:
  1. "Boating safety certificate" shall mean a certificate issued by the
commissioner   evidencing  that  the  holder  thereof  has  successfully
completed a course of instruction in boating safety  as  [herein  after]
provided IN THIS SECTION.  The commissioner shall put into effect a plan
for  the  training  of [youthful] ALL boat operators and the issuance of
such boating safety certificates.  For the purposes of this section, the
term "boating safety" shall include instruction in the safe operation of
personal watercraft and specialty prop-craft.
  S 6. Section 79 of the navigation law, as amended by  chapter  169  of
the laws of 2004, is amended to read as follows:
  S 79.  Courses  of instruction. For the purpose of giving such courses
of instruction and  awarding  boating  safety  certificates,  [including
those  issued  to  adults  for  the  safe operation of vessels including
personal watercraft or specialty prop-craft] the commissioner may desig-
nate as his or her agent any person the commissioner deems qualified  to
act  in such capacity, including, but not limited to, certified instruc-
tors of the United States coast guard  auxiliary,  United  States  power
squadrons,  American  power boat association, boy scouts of America, Red
Cross and other organizations. No charge whatsoever shall be made to any
person less than eighteen years of age for the  issuance  of  a  boating
safety  certificate.  Persons  less  than  eighteen  years of age may be
charged a fee for instruction in boating safety, except that the  office
may  not  charge  a  fee when providing such instruction to persons less
than eighteen years of age.
  S 7. This act shall take effect January 1, 2010.

2009-S5752B - Details

Current Committee:: Senate Transportation
Law Section:: Navigation Law
Laws Affected:: Amd §§49, 75, 78, 79 & 71-d, rpld §49 sub 3 ¶¶a - c, Nav L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6633
2013-2014: S1639

2009-S5752B - Summary

Requires boating safety certificates of all persons operating a mechanically propelled vessel; provides exception in the case of new owners and certain renters; provides for a phase in period and penalties for violations.

2009-S5752B - Sponsor Memo

2009-S5752B - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5752--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 3, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to  said  committee  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the navigation law, in relation to requiring all persons
  operating  a mechanically propelled vessel to be a holder of a boating
  safety certificate; and to  repeal  certain  provisions  of  such  law
  relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section  49  of  the  navigation  law,  as
amended  by  chapter  805  of  the  laws  of 1992, is amended to read as
follows:
  1. No person [under the age of eighteen years] BORN ON OR AFTER  JANU-
ARY  FIRST,  NINETEEN  HUNDRED  NINETY-TWO  shall operate a mechanically
propelled vessel on the navigable waters of the state or any  tidewaters
bordering  on or lying within the boundaries of Nassau and Suffolk coun-
ties, unless:
  a. [the operator is accompanied therein by a person  who  is  eighteen
years of age or older, or,
  b.  the  operator  is ten years of age or older and is the holder of a
boating safety certificate issued to him by the commissioner, the United
States Power Squadrons or the United States coast guard auxiliary.]  THE
OPERATOR IS AT LEAST TEN YEARS OLD AND IS THE HOLDER OF A BOATING SAFETY
CERTIFICATE AS THAT TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SEVEN-
TY-EIGHT OF PART FIVE OF THIS ARTICLE; OR
  B. THE OPERATOR IS YOUNGER THAN EIGHTEEN YEARS OF AGE, AND IS ACCOMPA-
NIED  ON THE MECHANICALLY PROPELLED VESSEL BY AT LEAST ONE PERSON WHO IS
AT LEAST EIGHTEEN YEARS OF AGE AND IS
  (I) THE HOLDER OF A BOATING SAFETY CERTIFICATE, OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01703-11-9

S. 5752--B                          2

  (II) NOT REQUIRED BY THIS SUBDIVISION TO HOLD A BOATING SAFETY CERTIF-
ICATE IN ORDER TO OPERATE A MECHANICALLY PROPELLED VESSEL; OR
  C.  THE  OPERATOR  IS  EIGHTEEN  YEARS  OF  AGE  OR OLDER, IS A PERSON
REQUIRED BY THIS SUBDIVISION TO HOLD A  BOATING  SAFETY  CERTIFICATE  IN
ORDER  TO OPERATE A MECHANICALLY PROPELLED VESSEL, AND IS ACCOMPANIED ON
THE MECHANICALLY PROPELLED VESSEL BY AT LEAST ONE PERSON WHO IS AT LEAST
EIGHTEEN YEARS OF AGE AND THE HOLDER OF A BOATING SAFETY CERTIFICATE.
  THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PERSONS WHO ARE:
CERTIFIED BY THE COMMISSIONER AS BOATING SAFETY INSTRUCTORS; MEMBERS  OF
THE  UNITED  STATES  POWER SQUADRONS; MEMBERS OF THE UNITED STATES COAST
GUARD AUXILIARY; HOLDERS OF PUBLIC VESSEL LICENSES PURSUANT  TO  SECTION
SIXTY-FOUR OF PART TWO OF THIS ARTICLE; POLICE OFFICERS, PEACE OFFICERS,
FIRE  PERSONNEL, RESCUE PERSONNEL OR LIFEGUARDS, WHEN ANY SUCH PERSON IS
ACTING PURSUANT TO ASSIGNED DUTIES; OR LICENSED TO  OPERATE  VESSELS  BY
THE  UNITED  STATES COAST GUARD OR THE CANADIAN COAST GUARD. THE COMMIS-
SIONER, BY RULE OR REGULATION, MAY PROVIDE FOR THE  EXEMPTION  OF  ADDI-
TIONAL  PERSONS  NOT  LISTED  IN THIS PARAGRAPH FROM THE REQUIREMENTS OF
THIS SECTION.
  S 2.  Paragraphs a, b, and c of subdivision 3 of  section  49  of  the
navigation  law  are  REPEALED and four new paragraphs a, b, c and d are
added to read as follows:
  A. THE OPERATOR IS BORN ON OR BEFORE DECEMBER  THIRTY-FIRST,  NINETEEN
HUNDRED NINETY-ONE; OR,
  B.  THE  OPERATOR  IS BORN ON OR AFTER JANUARY FIRST, NINETEEN HUNDRED
NINETY-TWO, IS AT LEAST TEN YEARS OF AGE AND IS THE HOLDER OF A  BOATING
SAFETY CERTIFICATE AS THAT TERM IS DEFINED IN SUBDIVISION ONE OF SECTION
SEVENTY-EIGHT OF PART FIVE OF THIS ARTICLE; OR
  C. THE OPERATOR IS YOUNGER THAN EIGHTEEN YEARS OF AGE, AND IS ACCOMPA-
NIED  ON  THE MECHANICALLY PROPELLED VESSEL BY AT LEAST ONE PERSON EIGH-
TEEN YEARS OF AGE OR OLDER AND IS:
  (I) THE HOLDER OF A BOATING SAFETY CERTIFICATE, OR
  (II) NOT REQUIRED BY SUBDIVISION ONE OF THIS SECTION TO HOLD A BOATING
SAFETY CERTIFICATE IN ORDER TO OPERATE A MECHANICALLY PROPELLED  VESSEL;
OR
  D.  THE  OPERATOR  IS  EIGHTEEN  YEARS  OF  AGE  OR OLDER, IS A PERSON
REQUIRED BY SUBDIVISION ONE OF THIS SECTION TO  HOLD  A  BOATING  SAFETY
CERTIFICATE  IN ORDER TO OPERATE A MECHANICALLY PROPELLED VESSEL, AND IS
ACCOMPANIED BY A PERSON WHO IS AT LEAST EIGHTEEN YEARS OF AGE AND IS THE
HOLDER OF A BOATING SAFETY CERTIFICATE.
  S 3. Section 75 of the navigation law, as amended by  chapter  138  of
the laws of 1998, is amended to read as follows:
  S 75. Educational  program. In order to protect the public interest in
the prudent and equitable use of the waters of the state and enhance the
enjoyment of pleasure boating and other sports thereon, the commissioner
shall initiate and put into effect a comprehensive  educational  program
designed  to  advance boating safety [including], WHICH PROVIDES FOR the
training of [youthful]  ALL  boat  operators  [and  an  adult  education
program  for] IN the safe operation of vessels including personal water-
craft and specialty prop-craft.
  S 4. Subdivision 1 of section 78 of the navigation law, as amended  by
chapter 138 of the laws of 1998, is amended to read as follows:
  1. "Boating safety certificate" shall mean a certificate issued by the
commissioner   evidencing  that  the  holder  thereof  has  successfully
completed a course of instruction in boating safety  as  [herein  after]
provided IN THIS SECTION.  The commissioner shall put into effect a plan
for  the  training  of [youthful] ALL boat operators and the issuance of

S. 5752--B                          3

such boating safety certificates.  For the purposes of this section, the
term "boating safety" shall include instruction in the safe operation of
personal watercraft and specialty prop-craft.
  S  5.  Section  79 of the navigation law, as amended by chapter 169 of
the laws of 2004, is amended to read as follows:
  S 79. Courses of instruction. For the purpose of giving  such  courses
of  instruction  and  awarding  boating  safety certificates, [including
those issued to adults for  the  safe  operation  of  vessels  including
personal watercraft or specialty prop-craft] the commissioner may desig-
nate  as his or her agent any person the commissioner deems qualified to
act in such capacity, including, but not limited to, certified  instruc-
tors  of  the  United  States coast guard auxiliary, United States power
squadrons, American power boat association, boy scouts of  America,  Red
Cross and other organizations. No charge whatsoever shall be made to any
person  less  than  eighteen  years of age for the issuance of a boating
safety certificate. Persons less than  eighteen  years  of  age  may  be
charged  a fee for instruction in boating safety, except that the office
may not charge a fee when providing such  instruction  to  persons  less
than eighteen years of age.
  S 6. This act shall take effect January 1, 2010.

2009-S5752C - Details

Current Committee:: Senate Transportation
Law Section:: Navigation Law
Laws Affected:: Amd §§49, 75, 78, 79 & 71-d, rpld §49 sub 3 ¶¶a - c, Nav L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6633
2013-2014: S1639

2009-S5752C - Summary

Requires boating safety certificates of all persons operating a mechanically propelled vessel; provides exception in the case of new owners and certain renters; provides for a phase in period and penalties for violations.

2009-S5752C - Sponsor Memo

                                 BILL NUMBER:  S5752C

 TITLE OF BILL :
An act to amend the navigation law, in relation to requiring all
persons operating a mechanically propelled vessel to be a holder of a
boating safety certificate; and to repeal certain provisions of such
law relating thereto


 PURPOSE OR GENERAL IDEA OF BILL :
The requirement of completing a boating safety course will be a
positive step to help decrease the amount of boating accidents and
deaths on our waterways caused by inexperienced and/or reckless
boaters.

 SUMMARY OF SPECIFIC PROVISIONS :
This bill would require that all boat operators on mechanically
propelled vessels who were born on or after January 1, 1992 must hold
a Boating Safety Certificate issued to him or her by the commissioner.
The commissioner may designate as his or her agent any person they
deemed qualified, including, but not limited to, certified instructors
of the united States Coast Guard Auxiliary, united States power
Squadrons. Exempt from these requirements is any operator who is
accompanied by a person who is 18 years of age and who either holds a
Boating Safety Certificate or is not required to hold a Boating Safety
certificate. Boat operators who are also owners of a recently

purchased vessel may operate the vessel for up to ninety (90) days
without a Boating Safety Certificate.

Section 71-d of the Navigation Law is also amended by adding a new
subdivision i-a allowing a livery to lease, hire or rent a vessel,
except a personal watercraft or specialty prop craft, to a person who
does not possess a Boating Safety Certificate if the person is 18
years or older showing genuine proof of identification, that the
operator of the livery is the holder of a Boating Safety Certificate,
and provides instruction of boat operation including a provision of
maps.

 JUSTIFICATION :
To ensure that ail persons who operate a mechanically propelled vessel
understand the proper boating laws. Inexperienced and/or reckless
boaters cause a great deal of danger and property damage when they
irresponsibly drive at excessive speeds while not obeying navigation
laws or do not understand the laws. Many boaters have never taken a
boating safety course and while they may think they are abiding by the
navigation laws, they put themselves, as well as others, in danger.
While the vast majority of boat operators may know every aspect of
navigation, there are many who do not realize the potential for damage
that can be caused with the slightest mistake while boating in a
heavily boated waterway and being unaware of the correct procedures.
This legislation enjoys broad support. For example, boating safety
experts and instructors such as the U.S. Power Squadrons and boating
associations such as the Tug and Barge Association support this
legislation.

 PRIOR LEGISLATIVE HISTORY :
New Legislation.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on January 1, 2011.

2009-S5752C - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5752--C

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 3, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to  said  committee  --  committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  recommitted to the Committee  on  Transportation  in  accordance  with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the navigation law, in relation to requiring all persons
  operating a mechanically propelled vessel to be a holder of a  boating
  safety  certificate;  and  to  repeal  certain  provisions of such law
  relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1  of  section  49 of the navigation law, as
amended by chapter 805 of the laws  of  1992,  is  amended  to  read  as
follows:
  1.  No person [under the age of eighteen years] BORN ON OR AFTER JANU-
ARY FIRST, NINETEEN HUNDRED  NINETY-TWO  shall  operate  a  mechanically
propelled  vessel on the navigable waters of the state or any tidewaters
bordering on or lying within the boundaries of Nassau and Suffolk  coun-
ties, unless:
  a.  [the  operator  is accompanied therein by a person who is eighteen
years of age or older, or,
  b. the operator is ten years of age or older and is the  holder  of  a
boating safety certificate issued to him by the commissioner, the United
States  Power Squadrons or the United States coast guard auxiliary.] THE
OPERATOR IS AT LEAST TEN YEARS OLD AND IS THE HOLDER OF A BOATING SAFETY
CERTIFICATE AS THAT TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SEVEN-
TY-EIGHT OF THIS ARTICLE; OR
  B. THE OPERATOR IS YOUNGER THAN EIGHTEEN YEARS OF AGE, AND IS ACCOMPA-
NIED ON THE MECHANICALLY PROPELLED VESSEL BY AT LEAST ONE PERSON WHO  IS
AT LEAST EIGHTEEN YEARS OF AGE AND IS
  (I) THE HOLDER OF A BOATING SAFETY CERTIFICATE, OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01703-16-0

S. 5752--C                          2

  (II) NOT REQUIRED BY THIS SUBDIVISION TO HOLD A BOATING SAFETY CERTIF-
ICATE IN ORDER TO OPERATE A MECHANICALLY PROPELLED VESSEL; OR
  C.  THE  OPERATOR  IS  EIGHTEEN  YEARS  OF  AGE  OR OLDER, IS A PERSON
REQUIRED BY THIS SUBDIVISION TO HOLD A  BOATING  SAFETY  CERTIFICATE  IN
ORDER  TO OPERATE A MECHANICALLY PROPELLED VESSEL, AND IS ACCOMPANIED ON
THE MECHANICALLY PROPELLED VESSEL BY AT LEAST ONE PERSON WHO IS AT LEAST
EIGHTEEN YEARS OF AGE AND THE HOLDER OF A BOATING SAFETY CERTIFICATE; OR
  D. THE OPERATOR IS THE OWNER OF A RECENTLY PURCHASED  VESSEL  AND  MAY
OPERATE SUCH VESSEL WITHOUT THE OTHERWISE REQUIRED BOATER SAFETY CERTIF-
ICATE  FOR  A  PERIOD OF TIME NOT TO EXCEED NINETY DAYS FROM THE DATE OF
PURCHASE.
  THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PERSONS WHO ARE:
CERTIFIED BY THE COMMISSIONER AS BOATING SAFETY INSTRUCTORS; MEMBERS  OF
THE  UNITED  STATES  POWER SQUADRONS; MEMBERS OF THE UNITED STATES COAST
GUARD AUXILIARY; HOLDERS OF PUBLIC VESSEL LICENSES PURSUANT  TO  SECTION
SIXTY-FOUR  OF  THIS  ARTICLE;  POLICE  OFFICERS,  PEACE  OFFICERS, FIRE
PERSONNEL, RESCUE PERSONNEL OR  LIFEGUARDS,  WHEN  ANY  SUCH  PERSON  IS
ACTING  PURSUANT  TO  ASSIGNED DUTIES; OR LICENSED TO OPERATE VESSELS BY
THE UNITED STATES COAST GUARD OR THE CANADIAN COAST GUARD.  THE  COMMIS-
SIONER,  BY  RULE  OR REGULATION, MAY PROVIDE FOR THE EXEMPTION OF ADDI-
TIONAL PERSONS NOT LISTED IN THIS PARAGRAPH  FROM  THE  REQUIREMENTS  OF
THIS SECTION.
  S  2.    Paragraphs  a, b, and c of subdivision 3 of section 49 of the
navigation law are REPEALED and four new paragraphs a, b, c  and  d  are
added to read as follows:
  A.  THE  OPERATOR IS BORN ON OR BEFORE DECEMBER THIRTY-FIRST, NINETEEN
HUNDRED NINETY-ONE; OR,
  B. THE OPERATOR IS BORN ON OR AFTER JANUARY  FIRST,  NINETEEN  HUNDRED
NINETY-TWO,  IS AT LEAST TEN YEARS OF AGE AND IS THE HOLDER OF A BOATING
SAFETY CERTIFICATE AS THAT TERM IS DEFINED IN SUBDIVISION ONE OF SECTION
SEVENTY-EIGHT OF THIS ARTICLE; OR
  C. THE OPERATOR IS YOUNGER THAN EIGHTEEN YEARS OF AGE, AND IS ACCOMPA-
NIED ON THE MECHANICALLY PROPELLED VESSEL BY AT LEAST ONE  PERSON  EIGH-
TEEN YEARS OF AGE OR OLDER AND IS:
  (I) THE HOLDER OF A BOATING SAFETY CERTIFICATE, OR
  (II) NOT REQUIRED BY SUBDIVISION ONE OF THIS SECTION TO HOLD A BOATING
SAFETY  CERTIFICATE IN ORDER TO OPERATE A MECHANICALLY PROPELLED VESSEL;
OR
  D. THE OPERATOR IS EIGHTEEN  YEARS  OF  AGE  OR  OLDER,  IS  A  PERSON
REQUIRED  BY  SUBDIVISION  ONE  OF THIS SECTION TO HOLD A BOATING SAFETY
CERTIFICATE IN ORDER TO OPERATE A MECHANICALLY PROPELLED VESSEL, AND  IS
ACCOMPANIED BY A PERSON WHO IS AT LEAST EIGHTEEN YEARS OF AGE AND IS THE
HOLDER OF A BOATING SAFETY CERTIFICATE.
  S  3.  Section  75 of the navigation law, as amended by chapter 138 of
the laws of 1998, is amended to read as follows:
  S 75. Educational program. In order to protect the public interest  in
the prudent and equitable use of the waters of the state and enhance the
enjoyment of pleasure boating and other sports thereon, the commissioner
shall  initiate  and put into effect a comprehensive educational program
designed to advance boating safety [including], WHICH PROVIDES  FOR  the
training  of  [youthful]  ALL  boat  operators  [and  an adult education
program for] IN the safe operation of vessels including personal  water-
craft and specialty prop-craft.
  S  4. Subdivision 1 of section 78 of the navigation law, as amended by
chapter 138 of the laws of 1998, is amended to read as follows:

S. 5752--C                          3

  1. "Boating safety certificate" shall mean a certificate issued by the
commissioner  evidencing  that  the  holder  thereof  has   successfully
completed  a  course  of instruction in boating safety as [herein after]
provided IN THIS SECTION.  The commissioner shall put into effect a plan
for  the  training  of [youthful] ALL boat operators and the issuance of
such boating safety certificates.  For the purposes of this section, the
term "boating safety" shall include instruction in the safe operation of
personal watercraft and specialty prop-craft.
  S 5. Section 79 of the navigation law, as amended by  chapter  169  of
the laws of 2004, is amended to read as follows:
  S 79.  Courses  of instruction. For the purpose of giving such courses
of instruction and  awarding  boating  safety  certificates,  [including
those  issued  to  adults  for  the  safe operation of vessels including
personal watercraft or specialty prop-craft] the commissioner may desig-
nate as his or her agent any person the commissioner deems qualified  to
act  in such capacity, including, but not limited to, certified instruc-
tors of the United States coast guard  auxiliary,  United  States  power
squadrons,  American  power boat association, boy scouts of America, Red
Cross and other organizations. No charge whatsoever shall be made to any
person less than eighteen years of age for the  issuance  of  a  boating
safety  certificate.  Persons  less  than  eighteen  years of age may be
charged a fee for instruction in boating safety, except that the  office
may  not  charge  a  fee when providing such instruction to persons less
than eighteen years of age.
  S 6. Section 71-d of the navigation law is amended  by  adding  a  new
subdivision 1-a to read as follows:
  1-A.  NOTWITHSTANDING  SUBDIVISION  ONE  OF SECTION FORTY-NINE OF THIS
ARTICLE, A LIVERY MAY LEASE, HIRE OR RENT A VESSEL,  EXCEPT  A  PERSONAL
WATER  CRAFT  OR SPECIALTY PROP CRAFT, TO A PERSON WHO IS NOT THE HOLDER
OF A BOATING SAFETY CERTIFICATE IF:
  (A) THE PERSON IS EIGHTEEN YEARS OR OLDER;
  (B) THE OPERATOR OF SUCH LIVERY OR HIS OR HER DESIGNATED AGENT, IS THE
HOLDER OF A BOATING SAFETY CERTIFICATE, AND PRIOR TO PERMITTING THE  USE
BY SUCH PERSON OF THE VESSEL EXPLAINS AND DEMONSTRATES TO SUCH PERSON BY
VIDEO OR ACTUAL IN WATER DEMONSTRATION THE OPERATION OF SUCH VESSEL, AND
THE USE AND LOCATION OF SUCH VESSEL'S SAFETY EQUIPMENT;
  (C)  SUCH  PERSON,  AFTER  RECEIVING THE EXPLANATION AND DEMONSTRATION
REQUIRED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, DEMONSTRATES  TO
THE LIVERY OPERATOR OR THE LIVERY OPERATOR'S DESIGNATED AGENT THE ABILI-
TY TO OPERATE SUCH VESSEL AND USE THE APPLICABLE SAFETY EQUIPMENT;
  (D)  THE LIVERY OPERATOR PROVIDES A MAP AND/OR NAVIGATIONAL CHARTS FOR
THE LOCAL AREA;
  (E) SUCH PERSON PRESENTS GENUINE PROOF OF IDENTIFICATION  AND  AGE  TO
THE LIVERY OPERATOR;
  (F)  THE LIVERY OPERATOR OR THE LIVERY OPERATOR'S DESIGNATED AGENT, AT
THE TIME OF THE LEASING, HIRING, OR RENTING, RECORDS THE NAME,  ADDRESS,
AND  AGE  OF THE OPERATOR OF THE LEASED, HIRED OR RENTED VESSEL, AND THE
MODEL, YEAR, NAME OF MANUFACTURER, AND THE STATE REGISTRATION OR FEDERAL
DOCUMENTATION NUMBERS OF THE  LEASED,  HIRED,  OR  RENTED  VESSEL.  SUCH
RECORDS SHALL BE MAINTAINED FOR A PERIOD OF NOT LESS THAN ONE YEAR; AND
  (G) THE VESSEL IS NOT LEASED, HIRED OR RENTED TO THE SAME PERSON FOR A
PERIOD EXCEEDING SIXTY DAYS.
  S 7. This act shall take effect January 1, 2011.

2009-S5752D (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Navigation Law
Laws Affected:: Amd §§49, 75, 78, 79 & 71-d, rpld §49 sub 3 ¶¶a - c, Nav L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6633
2013-2014: S1639

2009-S5752D (ACTIVE) - Summary

Requires boating safety certificates of all persons operating a mechanically propelled vessel; provides exception in the case of new owners and certain renters; provides for a phase in period and penalties for violations.

2009-S5752D (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5752D

TITLE OF BILL:
An act
to amend the navigation law, in relation to requiring all persons
operating a mechanically propelled vessel to be a holder of a boating
safety certificate; and to repeal certain provisions of such law
relating thereto

PURPOSE OR GENERAL IDEA OF BILL:
The requirement of completing a boating safety course will be a
positive step to help decrease the amount of boating accidents and
deaths on our waterways caused by inexperienced and/or reckless
boaters.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would require that all boat operators on mechanically
propelled vessels who were born on or after January 1, 1992 must hold
a Boating Safety Certificate issued to him or her by the Commissioner.
The Commissioner may designate as his or her agent any person he or
she deems qualified, including, but not limited to, certified
instructors of the United States Coast Guard Auxiliary, United States
Power Squadrons. Exempt from these requirements is any operator who
is accompanied by a person who is 18 years of age and who either
holds a Boating Safety Certificate or is not required to hold a
Boating Safety Certificate. Boat operators who are also owners of a

recently purchased vessel may operate the vessel for up to ninety
(90) days without a Boating Safety Certificate.

Section 71-d of the Navigation Law is also amended by adding a new
subdivision 1-a allowing a livery to lease, hire or rent a vessel,
except a personal watercraft or specialty prop craft, to a person who
does not possess a Boating Safety Certificate if the person is 18
years or older showing genuine proof of identification, that the
operator of the livery is the holder of a Boating Safety Certificate,
and provides instruction of boat operation including a provision of
maps.

JUSTIFICATION:
To ensure that all persons who operate a mechanically propelled vessel
understand the proper boating laws. Inexperienced and/or reckless
boaters cause a great deal of danger and property damage when they
irresponsibly drive at excessive speeds while not obeying navigation
laws or do not understand the laws. Many boaters have never taken a
boating safety course and while they may think they are abiding by
the navigation laws, they put themselves, as well as others, in danger.
While the vast majority of boat operators may know every aspect of
navigation, there are many who do not realize the potential for
damage that
can be caused with the slightest mistake while boating in a heavily
boated waterway and being unaware of the correct procedures. This

legislation enjoys broad support. For example, boating safety experts
and instructors such as the U.S. Power Squadrons and boating
associations such as the Tug and Barge Association support this
legislation.

PRIOR LEGISLATIVE HISTORY:
Similar to A.11824 and S.8073 of 2007/200B.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on January 1, 2011.

2009-S5752D (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5752--D

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 3, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to  said  committee  --  committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  recommitted to the Committee  on  Transportation  in  accordance  with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the navigation law, in relation to requiring all persons
  operating  a mechanically propelled vessel to be a holder of a boating
  safety certificate; and to  repeal  certain  provisions  of  such  law
  relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section  49  of  the  navigation  law,  as
amended  by  chapter  805  of  the  laws  of 1992, is amended to read as
follows:
  1. No person [under the age of eighteen years] BORN ON OR AFTER  JANU-
ARY  FIRST,  NINETEEN  HUNDRED  NINETY-TWO  shall operate a mechanically
propelled vessel on the navigable waters of the state or any  tidewaters
bordering  on or lying within the boundaries of Nassau and Suffolk coun-
ties, unless:
  a. [the operator is accompanied therein by a person  who  is  eighteen
years of age or older, or,
  b.  the  operator  is ten years of age or older and is the holder of a
boating safety certificate issued to him by the commissioner, the United
States Power Squadrons or the United States coast guard auxiliary.]  THE
OPERATOR IS AT LEAST TEN YEARS OLD AND IS THE HOLDER OF A BOATING SAFETY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01703-18-0

S. 5752--D                          2

CERTIFICATE  ISSUED TO HIM OR HER BY THE COMMISSIONER, THE UNITED STATES
POWER SQUADRONS OR THE UNITED STATES COAST GUARD AUXILIARY; OR
  B. THE OPERATOR IS YOUNGER THAN EIGHTEEN YEARS OF AGE, AND IS ACCOMPA-
NIED  ON THE MECHANICALLY PROPELLED VESSEL BY AT LEAST ONE PERSON WHO IS
AT LEAST EIGHTEEN YEARS OF AGE AND IS
  (I) THE HOLDER OF A BOATING SAFETY CERTIFICATE ISSUED TO HIM OR HER BY
THE COMMISSIONER, THE UNITED STATES POWER SQUADRONS OR THE UNITED STATES
COAST GUARD AUXILIARY, OR
  (II) NOT REQUIRED BY THIS SUBDIVISION TO HOLD A BOATING SAFETY CERTIF-
ICATE IN ORDER TO OPERATE A MECHANICALLY PROPELLED VESSEL; OR
  C. THE OPERATOR IS EIGHTEEN  YEARS  OF  AGE  OR  OLDER,  IS  A  PERSON
REQUIRED  BY  THIS  SUBDIVISION  TO HOLD A BOATING SAFETY CERTIFICATE IN
ORDER TO OPERATE A MECHANICALLY PROPELLED VESSEL, AND IS ACCOMPANIED  ON
THE MECHANICALLY PROPELLED VESSEL BY AT LEAST ONE PERSON WHO IS AT LEAST
EIGHTEEN YEARS OF AGE AND THE HOLDER OF A BOATING SAFETY CERTIFICATE; OR
  D.  THE  OPERATOR  IS THE OWNER OF A RECENTLY PURCHASED VESSEL AND MAY
OPERATE SUCH VESSEL WITHOUT THE OTHERWISE REQUIRED BOATER SAFETY CERTIF-
ICATE FOR A PERIOD OF TIME NOT TO EXCEED NINETY DAYS FROM  THE  DATE  OF
PURCHASE.
  THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PERSONS WHO ARE:
CERTIFIED  BY THE COMMISSIONER AS BOATING SAFETY INSTRUCTORS; MEMBERS OF
THE UNITED STATES POWER SQUADRONS; MEMBERS OF THE  UNITED  STATES  COAST
GUARD  AUXILIARY;  HOLDERS OF PUBLIC VESSEL LICENSES PURSUANT TO SECTION
SIXTY-FOUR OF  THIS  ARTICLE;  POLICE  OFFICERS,  PEACE  OFFICERS,  FIRE
PERSONNEL,  RESCUE  PERSONNEL  OR  LIFEGUARDS,  WHEN  ANY SUCH PERSON IS
ACTING PURSUANT TO ASSIGNED DUTIES; OR LICENSED TO  OPERATE  VESSELS  BY
THE  UNITED  STATES COAST GUARD OR THE CANADIAN COAST GUARD. THE COMMIS-
SIONER, BY RULE OR REGULATION, MAY PROVIDE FOR THE  EXEMPTION  OF  ADDI-
TIONAL  PERSONS  NOT  LISTED  IN THIS PARAGRAPH FROM THE REQUIREMENTS OF
THIS SECTION.
  S 2.  Paragraphs a, b, and c of subdivision 3 of  section  49  of  the
navigation  law  are  REPEALED and four new paragraphs a, b, c and d are
added to read as follows:
  A. THE OPERATOR IS BORN ON OR BEFORE DECEMBER  THIRTY-FIRST,  NINETEEN
HUNDRED NINETY-ONE; OR,
  B.  THE  OPERATOR  IS BORN ON OR AFTER JANUARY FIRST, NINETEEN HUNDRED
NINETY-TWO, IS AT LEAST TEN YEARS OF AGE AND IS THE HOLDER OF A  BOATING
SAFETY  CERTIFICATE ISSUED TO HIM OR HER BY THE COMMISSIONER, THE UNITED
STATES POWER SQUADRONS OR THE UNITED STATES COAST GUARD AUXILIARY, OR
  C. THE OPERATOR IS YOUNGER THAN EIGHTEEN YEARS OF AGE, AND IS ACCOMPA-
NIED ON THE MECHANICALLY PROPELLED VESSEL BY AT LEAST ONE  PERSON  EIGH-
TEEN YEARS OF AGE OR OLDER AND IS:
  (I) THE HOLDER OF A BOATING SAFETY CERTIFICATE ISSUED TO HIM OR HER BY
THE COMMISSIONER, THE UNITED STATES POWER SQUADRONS OR THE UNITED STATES
COAST GUARD AUXILIARY, OR
  (II) NOT REQUIRED BY SUBDIVISION ONE OF THIS SECTION TO HOLD A BOATING
SAFETY  CERTIFICATE IN ORDER TO OPERATE A MECHANICALLY PROPELLED VESSEL;
OR
  D. THE OPERATOR IS EIGHTEEN  YEARS  OF  AGE  OR  OLDER,  IS  A  PERSON
REQUIRED  BY  SUBDIVISION  ONE  OF THIS SECTION TO HOLD A BOATING SAFETY
CERTIFICATE IN ORDER TO OPERATE A MECHANICALLY PROPELLED VESSEL, AND  IS
ACCOMPANIED BY A PERSON WHO IS AT LEAST EIGHTEEN YEARS OF AGE AND IS THE
HOLDER OF A BOATING SAFETY CERTIFICATE.
  S  3.  Section  75 of the navigation law, as amended by chapter 138 of
the laws of 1998, is amended to read as follows:

S. 5752--D                          3

  S 75. Educational program. In order to protect the public interest  in
the prudent and equitable use of the waters of the state and enhance the
enjoyment of pleasure boating and other sports thereon, the commissioner
shall  initiate  and put into effect a comprehensive educational program
designed  to  advance boating safety [including], WHICH PROVIDES FOR the
training of [youthful]  ALL  boat  operators  [and  an  adult  education
program  for] IN the safe operation of vessels including personal water-
craft and specialty prop-craft.
  S 4. Subdivision 1 of section 78 of the navigation law, as amended  by
chapter 138 of the laws of 1998, is amended to read as follows:
  1. "Boating safety certificate" shall mean a certificate issued by the
commissioner   evidencing  that  the  holder  thereof  has  successfully
completed a course of instruction in boating safety  as  [herein  after]
provided IN THIS SECTION.  The commissioner shall put into effect a plan
for  the  training  of [youthful] ALL boat operators and the issuance of
such boating safety certificates.  For the purposes of this section, the
term "boating safety" shall include instruction in the safe operation of
personal watercraft and specialty prop-craft.
  S 5. Section 79 of the navigation law, as amended by  chapter  169  of
the laws of 2004, is amended to read as follows:
  S 79.  Courses  of instruction. For the purpose of giving such courses
of instruction and  awarding  boating  safety  certificates,  [including
those  issued  to  adults  for  the  safe operation of vessels including
personal watercraft or specialty prop-craft] the commissioner may desig-
nate as his or her agent any person the commissioner deems qualified  to
act  in such capacity, including, but not limited to, certified instruc-
tors of the United States coast guard  auxiliary,  United  States  power
squadrons,  American  power boat association, boy scouts of America, Red
Cross and other organizations. No charge whatsoever shall be made to any
person less than eighteen years of age for the  issuance  of  a  boating
safety  certificate.  Persons  less  than  eighteen  years of age may be
charged a fee for instruction in boating safety, except that the  office
may  not  charge  a  fee when providing such instruction to persons less
than eighteen years of age.
  S 6. Section 71-d of the navigation law is amended  by  adding  a  new
subdivision 1-a to read as follows:
  1-A.  NOTWITHSTANDING  SUBDIVISION  ONE  OF SECTION FORTY-NINE OF THIS
ARTICLE, A LIVERY MAY LEASE,  HIRE  OR  RENT  A  MECHANICALLY  PROPELLED
VESSEL,  EXCEPT  A  PERSONAL  WATER  CRAFT OR SPECIALTY PROP CRAFT, TO A
PERSON WHO IS NOT THE HOLDER OF A BOATING SAFETY CERTIFICATE IF:
  (A) THE PERSON IS EIGHTEEN YEARS OR OLDER;
  (B) THE OPERATOR OF SUCH LIVERY OR HIS OR HER DESIGNATED AGENT, IS THE
HOLDER OF A BOATING SAFETY CERTIFICATE, AND PRIOR TO PERMITTING THE  USE
BY SUCH PERSON OF THE VESSEL EXPLAINS AND DEMONSTRATES TO SUCH PERSON BY
VIDEO OR ACTUAL IN WATER DEMONSTRATION THE OPERATION OF SUCH VESSEL, AND
THE USE AND LOCATION OF SUCH VESSEL'S SAFETY EQUIPMENT;
  (C)  SUCH  PERSON,  AFTER  RECEIVING THE EXPLANATION AND DEMONSTRATION
REQUIRED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, DEMONSTRATES  TO
THE LIVERY OPERATOR OR THE LIVERY OPERATOR'S DESIGNATED AGENT THE ABILI-
TY TO OPERATE SUCH VESSEL AND USE THE APPLICABLE SAFETY EQUIPMENT;
  (D)  THE LIVERY OPERATOR PROVIDES A MAP AND/OR NAVIGATIONAL CHARTS FOR
THE LOCAL AREA;
  (E) SUCH PERSON PRESENTS GENUINE PROOF OF IDENTIFICATION  AND  AGE  TO
THE LIVERY OPERATOR;
  (F)  THE LIVERY OPERATOR OR THE LIVERY OPERATOR'S DESIGNATED AGENT, AT
THE TIME OF THE LEASING, HIRING, OR RENTING, RECORDS THE NAME,  ADDRESS,

S. 5752--D                          4

AND  AGE  OF THE OPERATOR OF THE LEASED, HIRED OR RENTED VESSEL, AND THE
MODEL, YEAR, NAME OF MANUFACTURER, AND THE STATE REGISTRATION OR FEDERAL
DOCUMENTATION NUMBERS OF THE  LEASED,  HIRED,  OR  RENTED  VESSEL.  SUCH
RECORDS SHALL BE MAINTAINED FOR A PERIOD OF NOT LESS THAN ONE YEAR; AND
  (G) THE VESSEL IS NOT LEASED, HIRED OR RENTED TO THE SAME PERSON FOR A
PERIOD EXCEEDING SIXTY DAYS.
  S 7. This act shall take effect January 1, 2011.

Senate Bill S5752

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Archive: Last Bill Status - In Senate Committee Transportation Committee

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2009-S5752 - Details

2009-S5752 - Summary

2009-S5752 - Sponsor Memo

2009-S5752 - Bill Text download pdf

2009-S5752A - Details

2009-S5752A - Summary

2009-S5752A - Sponsor Memo

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2009-S5752B - Details

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2009-S5752C - Details

2009-S5752C - Summary

2009-S5752C - Sponsor Memo

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2009-S5752D (ACTIVE) - Details

2009-S5752D (ACTIVE) - Summary

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Senate Bill S5752

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Sponsored By

Jeffrey D. Klein

Archive: Last Bill Status - In Senate Committee Transportation Committee

Bill Amendments

2009-S5752 - Details

2009-S5752 - Summary

2009-S5752 - Sponsor Memo

2009-S5752 - Bill Text download pdf

2009-S5752A - Details

2009-S5752A - Summary

2009-S5752A - Sponsor Memo

2009-S5752A - Bill Text download pdf

2009-S5752B - Details

2009-S5752B - Summary

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2009-S5752C - Details

2009-S5752C - Summary

2009-S5752C - Sponsor Memo

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2009-S5752D (ACTIVE) - Details

2009-S5752D (ACTIVE) - Summary

2009-S5752D (ACTIVE) - Sponsor Memo

2009-S5752D (ACTIVE) - Bill Text download pdf

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